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~~~~IVL® <br />BEFORE THE MINED LAND RECLAMATION BOARD ACT T T 2003 <br />STATE OF COLORADO Oirielon of Minerals and Ge <br />ORDER ON MOTION FOR CHANGE OF VENUE <br />IN THE MATTER OF FOUR STATES AGGREGATES, LLC, FILE NO. M-2001-001 <br />THIS MATTER comes before the Mined Land Reclamation Board ("Board") on a <br />Motion for Change of Venue filed on behalf of Marilyn Boynton ("Petitioner"), a <br />party/objector in this matter. As set forth in a letter from Petitioner's counsel dated <br />September 25, 2003, the Petitioner requests that the location of the Board's pre-hearing <br />conference in this matter, currently scheduled for October 29-30 in Denver, Colorado, be <br />changed to Cortez, Colorado. The Petitioner brings her request under the Colorado <br />Administrative Procedures Act ("APA"), C.R.S. § 24-4-101 et seg., which requires an <br />agency to consider the convenience and necessity of the parties and their representatives in <br />determining venue for a hearing. C.R.S. § 24-4-105(2)(a). <br />The Boazd, having considered the Petitioner's Motion and having been otherwise fully <br />informed of the facts in this matter, hereby enters the following findings of fact, conclusions of <br />law and order: <br />The APA states that "[i]n fixing the time and place for a hearing, due regard shall be had <br />for the convenience and necessity of the parties and their representatives" C.R.S. § 24-4- <br />105(2)(a). <br />2. The APA further provides that "[a]ny agency conducting a hearing ... shall have the <br />authority to:... regulate the course of the hearing, ... issue appropriate orders which <br />shall control the subsequent course of the proceedings, ... dispose of procedural <br />requests, or similaz matters; ... and take any other action authorized by agency rule <br />